Deportation and removal proceedings are some of the most stressful and life-changing experiences an immigrant and their family can face. In California, home to the largest immigrant population in the U.S., these proceedings are a frequent challenge for many navigating the complexities of immigration law.
Whether you're in Los Angeles, Riverside, Santa Ana, or elsewhere in the state, understanding the deportation process, its causes, and available legal defenses is essential. This guide offers a clear overview to help you or your loved ones take informed steps and protect your future in the United States.

What Are Deportation and Removal Proceedings?

Deportation, also known as removal, is the legal process by which the U.S. government forces a non-citizen to leave the country. This action is usually initiated because of immigration violations, certain criminal convictions, or concerns over national security.
These proceedings are managed by the Department of Homeland Security (DHS) and the Executive Office for Immigration Review (EOIR), which oversees immigration courts. A non-citizen must appear before an immigration judge who will decide whether they can remain in the country or must be deported.

The Deportation Process in California: A Step-by-Step Breakdown

1. Notice to Appear (NTA)
   The process begins when DHS issues a Notice to Appear (NTA), which outlines the legal basis for initiating deportation. The NTA includes essential information, such as the charges against the immigrant and the date and location of the first court hearing.
2. Master Calendar Hearing
   This is the first hearing at which the judge confirms the respondent's identity, ensures they understand the charges, and asks whether they have or intend to seek legal representation. It's primarily administrative but sets the tone for what comes next.
3. Merits Hearing (Individual Hearing)
   At this hearing, the immigrant can contest the charges and apply for relief from removal. Both the government attorney and the immigrant (or their attorney) present arguments and evidence. Witnesses may be called, and the judge decides based on the law and the facts presented.
4. Appeal Process
   If the judge orders removal, the immigrant can appeal to the Board of Immigration Appeals (BIA) within 30 days. If necessary, appeals may even continue to the federal circuit court or the U.S. Supreme Court, although such cases are rare.

Common Reasons for Deportation

Understanding what can lead to deportation helps individuals recognize their risks and rights. Here are the most frequent causes:

Overstaying a Visa or Unlawful Presence
Entering the U.S. without documentation, overstaying a visa, or violating visa terms are common reasons for deportation. Even minor technical violations can trigger removal proceedings. Many individuals are unaware that short-term overstays or employment without authorization can lead to serious immigration consequences. Accumulating unlawful presence can result in a ban of 3 or 10 years from reentering the U.S., depending on the length of the overstay. While the Immigrant Workforce Preparation Act aims to provide certain undocumented individuals with access to job training and legal resources, participation does not shield individuals from immigration enforcement if they are found in violation of federal immigration laws.

Criminal Convictions

Certain crimes can render a non-citizen deportable. These include:

• Aggravated felonies
• Crimes involving moral turpitude
• Drug-related offenses
• Domestic violence or child abuse 

Even a conviction that is several years old may become grounds for removal. What qualifies as a deportable offense can vary based on the specific charge, sentencing, and the state where the crime occurred. 

Fraud and Misrepresentation
Providing false information on immigration forms, engaging in a sham marriage, or falsely claiming U.S. citizenship are grounds for removal and may also lead to a permanent bar from reentry.
Immigration authorities take fraud seriously; even unintentional errors can be construed as willful misrepresentation. Individuals guilty of fraud may be ineligible for most immigration benefits without an approved waiver.

National Security Concerns
Involvement in terrorist activities, espionage, or actions deemed threatening to U.S. security can lead to expedited removal without the same legal protections.

Immigration Detention and Bond Hearings

Many immigrants are detained by ICE during their deportation proceedings and housed in detention centers across California. However, some may qualify for release on bond, depending on factors such as flight risk, public safety, and the nature of past offenses. Individuals who are part of the DACA program may have some protection from detention and deportation, but that protection is limited and can be revoked under certain circumstances, such as criminal charges or status lapses.
At a bond hearing, an immigration judge evaluates whether the individual is a danger to the community or likely to appear for future court dates. If approved, bond allows the person to remain free while their case moves forward, though certain serious offenses can make someone ineligible.

Legal Defenses and Relief Options

Removal from the United States is not always inevitable. Depending on their unique circumstances, various legal defenses can help individuals remain in the country. Here are the most commonly used forms of relief:

Cancellation of Removal
Obtainable for lawful permanent residents and undocumented immigrants, this defense allows individuals to remain in the U.S. if they meet specific conditions:

• Continuous physical presence (10 years for non-residents, 7 for residents)
• Good moral character
• Proof of exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, child, or parent

Asylum, Withholding of Removal, and CAT Protection
Individuals who fear persecution or torture if returned to their home country may seek protection under:

• Asylum: Grants the right to stay and eventually apply for a green card
• Withholding of Removal: Prevents deportation but does not offer a path to permanent residency
• Convention Against Torture (CAT): Provides limited protection from removal for individuals who risk torture in their home country

Adjustment of Status
If an immigrant has a qualifying family or employment relationship, they may be eligible to apply for permanent residency through adjustment of status, even while in proceedings.

Waivers of Inadmissibility or Deportability
Certain waivers, such as Form I-601 (for unlawful presence) or Form I-212 (for prior deportation), allow immigrants to overcome grounds of inadmissibility by proving that removal would cause extreme hardship to U.S. citizens or lawful permanent resident family members.

Voluntary Departure
When no other relief is available, requesting voluntary departure can help avoid the stigma and penalties of a formal removal order. This option allows the individual to leave the U.S. at their own expense, often within 60 to 120 days.

Special Protections for Vulnerable Immigrants

Battered Spouse Cancellation (VAWA)
Immigrants who have suffered abuse from a U.S. citizen or permanent resident spouse may apply for cancellation of removal under the Violence Against Women Act (VAWA). This form of relief has more lenient requirements, including only three years of physical presence.

Registry and Legalization
Immigrants who have lived continuously in the U.S. since before January 1, 1972, may be eligible to apply for a green card under registry, a rarely used but powerful form of relief.

Procedural Defenses

Sometimes, deportation proceedings can be challenged based on procedural errors or constitutional violations. These include:

• Motions to Terminate: Filed when charges in the NTA are legally insufficient
• Motions to Suppress: Used to exclude unlawfully obtained evidence
• Prosecutorial Discretion: A request to DHS to close or defer a case based on humanitarian factors

These legal tools can be effective when combined with an experienced attorney's strategic insight.

Why Legal Representation Matters

Navigating the immigration system is incredibly complex. A single missed deadline or misfiled document can jeopardize your entire case. Having experienced legal counsel provides not only peace of mind but also a significantly higher chance of success.
A qualified immigration attorney can:

• Analyze your case for eligibility
• Help you prepare compelling evidence
• Represent you at all hearings
  File appeals and motions
  Negotiate with DHS attorneys

In high-stakes situations like deportation, legal help isn't just advisable, it's essential.

Life After Deportation

If an immigrant is removed from the U.S., consequences can include:

• Bars to reentry: Lasting 5, 10, 20 years, or even permanently
• Loss of eligibility for immigration benefits
• Emotional and financial hardship for separated families

However, after fulfilling the terms of their removal, some may be able to apply for reentry through waivers or other legal channels.

Whether you're facing removal in Los Angeles, Riverside, or anywhere across the state, taking action early and seeking competent legal help can be life-changing. Connecting with reliable immigration attorneys in California is the first step toward protecting your rights and future. At Bulldog Law, we understand the urgency and intensity of deportation proceedings. Let us help you navigate the system and build a strong defense. Your future in the U.S. is worth fighting for.